Help with CSPA

[BHemisphereWorker 3]

Hello everyone,

 

My brother's priority date under the F2B category is 27 August 2012, and he was documentarily qualified on 30 August 2023. We've been waiting for his interview at the U.S. embassy, but the process is taking longer than expected. He has three derivatives, and the eldest will turn 21 in September 2026.

 

We would like to take the necessary steps to complete and submit any required forms and documentation to ensure the eldest does not age out. I'm aware of the Child Status Protection Act (CSPA), but I'm unsure where or how to begin the process.

 

Any guidance or assistance would be greatly appreciated.

 

Thank you!

[appleblossom 4,107]

3 hours ago, BHemisphereWorker said:

Hello everyone,

 

My brother's priority date under the F2B category is 27 August 2012, and he was documentarily qualified on 30 August 2023. We've been waiting for his interview at the U.S. embassy, but the process is taking longer than expected. He has three derivatives, and the eldest will turn 21 in September 2026.

 

We would like to take the necessary steps to complete and submit any required forms and documentation to ensure the eldest does not age out. I'm aware of the Child Status Protection Act (CSPA), but I'm unsure where or how to begin the process.

 

Any guidance or assistance would be greatly appreciated.

 

Thank you!

You say he’s been DQ’ed but is his PD current? Where was he born? 

[BHemisphereWorker 3]

44 minutes ago, appleblossom said:

You say he’s been DQ’ed but is his PD current? Where was he born? 

 

Hello! Do you mean "current" in Chart A for F2B? If so, yes — we received a notice to submit all the documents on CEAC and got a notice he's been DQ'ed. But if you mean Chart B, then no. I believe that's the one that needs to be current for them to receive an interview schedule.

 

The Philippines

Edited Monday at 01:54 AM by BHemisphereWorker
typo

[appleblossom 4,107]

2 minutes ago, BHemisphereWorker said:

 

Hello! Do you mean "current" in Chart A for F2B? If so, yes — we received a notice to submit all the documents on CEAC and got a notice he's been DQ'ed. But if you mean Chart B, then no. I believe that's the one that needs to be current for them to receive an interview schedule.

 

The Philippines

Other way around but yes, so he’s not current yet and there’s nothing you can do to stop him aging out.
 

You won’t know if he’s eligible under CPSA or not until a visa is available to him. 
 

Hopefully the I-130 took a long time to be approved? As you can take that time off your nephews age to give you his ‘adjusted age’ under the CPSA - i.e. if the I-130 took 3 years then he’d still be eligible for a visa up to his 24th birthday (just as an example). 

[Aluvaboy 69]

8 hours ago, BHemisphereWorker said:

Hello everyone,

 

My brother's priority date under the F2B category is 27 August 2012, and he was documentarily qualified on 30 August 2023. We've been waiting for his interview at the U.S. embassy, but the process is taking longer than expected. He has three derivatives, and the eldest will turn 21 in September 2026.

 

We would like to take the necessary steps to complete and submit any required forms and documentation to ensure the eldest does not age out. I'm aware of the Child Status Protection Act (CSPA), but I'm unsure where or how to begin the process.

 

Any guidance or assistance would be greatly appreciated.

 

Thank you!

F2B category is unmarried son of legal permanent resident. This category cannot have derivative applicants. Did you mean F4 category? Brother of US Citizen.

[Demise 1,426]

3 hours ago, Aluvaboy said:

F2B category is unmarried son of legal permanent resident. This category cannot have derivative applicants. Did you mean F4 category? Brother of US Citizen.

F1, F2A, and F2B can have derivative children. So as long as the brother isn't married then out of wedlock kids can tag along. 

 

Anyways back to the questions OP:

What's the priority date (i.e. when was the I-130 filed)?

When was the I-130 approved?

What's the oldest's date of birth? 

Was a DS-260 filed yet, if so - when? 

[Boiler 47,199]

My gut tells me they will be OK by a fair margin, did the parent ever Naturalise?

[BHemisphereWorker 3]

8 hours ago, Demise said:

F1, F2A, and F2B can have derivative children. So as long as the brother isn't married then out of wedlock kids can tag along. 

 

Anyways back to the questions OP:

What's the priority date (i.e. when was the I-130 filed)?

When was the I-130 approved?

What's the oldest's date of birth? 

Was a DS-260 filed yet, if so - when? 

Hey, you're right. My brother is not married and has three kids.

 

What's the priority date (i.e. when was the I-130 filed)? His priority date is 27 August 2012. I don't know if that's the date when I-130 was filed. I'd have to check with my family

When was the I-130 approved? Same with this one

What's the oldest's date of birth? September 2005

Was a DS-260 filed yet, if so - when? This is the form that they have fill out and complete right in order to be DQ'ed? If so, yes. They've been DQ'ed since 30 August 2023.

 

 

 

[BHemisphereWorker 3]

4 hours ago, Boiler said:

My gut tells me they will be OK by a fair margin, did the parent ever Naturalise?

Yes, both our parents are now U.S. citizens, so I believe his category is technically F1 now.

 

I just checked Chart A for the F1 category, and it shows 15JUL12 for the July 2025 visa bulletin.

[appleblossom 4,107]

24 minutes ago, BHemisphereWorker said:

When was the I-130 approved? Same with this one

 

What does this mean? You need to know how long the I-130 took to be approved, that's crucial. 

 

It sounds like his eldest will qualify as they're almost current, but you do need to find that info out as you can't do a CPSA calculation without it. 

[BHemisphereWorker 3]

5 minutes ago, appleblossom said:

 

What does this mean? You need to know how long the I-130 took to be approved, that's crucial. 

 

It sounds like his eldest will qualify as they're almost current, but you do need to find that info out as you can't do a CPSA calculation without it. 

I meant I'd have to check with my family for the details on that one too.

 

Yeah, it does look like the eldest will make it but we're just getting anxious.

 

I'd have to get the details on their I-130 submission. I'm not too familiar with that one as I didn't need that information when I processed mine. I needed the Priority Date and Case number.

[Demise 1,426]

34 minutes ago, BHemisphereWorker said:

I meant I'd have to check with my family for the details on that one too.

 

Yeah, it does look like the eldest will make it but we're just getting anxious.

 

I'd have to get the details on their I-130 submission. I'm not too familiar with that one as I didn't need that information when I processed mine. I needed the Priority Date and Case number.

In family cases the priority date is the day that I-130 was filed.

 

DS-260 generally comes before DQ so at least we can guess that was filed. When in this case ultimately doesn't matter now that I looked at it again. I asked mainly because I didn't see that he was DQ'd and DS-260 has to be filed before 1 year after the priority date becomes current to lock in the CSPA age. 

 

So all in all, it will all boil down to if the priority date becomes current before the oldest kid turns 21 + whatever time the I-130 was pending (e.g. if it was pending exactly 2 years then before he turns 23). So we kinda just need the approval date to see how much wiggle room they've got. 

 

Also lastly: Both your brother and nephew need to remain unmarried until they're in US as LPRs. 

 

1 hour ago, BHemisphereWorker said:

Yes, both our parents are now U.S. citizens, so I believe his category is technically F1 now.

 

I just checked Chart A for the F1 category, and it shows 15JUL12 for the July 2025 visa bulletin.

 

Funnily enough a different section of CSPA handles this scenario. An F2B whose petitioning parent has subsequently naturalized can choose which category to go via (either F1 or F2B). The process is pretty simple, he'll provide proof of the parent's naturalization and write a letter to the NVC that's either "My petitioning parent naturalized, please move me to F1", "My petitioning parent naturalized, please keep me in F2B". This can be done at any time, so it's best to just wait until one of the categories crosses or at least is about to cross the cutoff.  

 

Only exception for this if the beneficiary married. If parent was still an LPR at the time then the petition is dead. If parent was a citizen at the time then it'd drop to F3 and termination of marriage would move it back to F1 with no option to go back to F2B. 

Edited Monday at 08:03 PM by Demise

[Boiler 47,199]

I thought the Mother automatically had custody

 

How old are the younger two?